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|   | (a) | If a Tax Indemnitee receives a written claim for any Tax for which Lessee could be required to pay an indemnity pursuant to Section 5.7(a)(i), Section 5.7(b)(i) or Part IV of
Schedule B of the Lease, such Tax Indemnitee shall notify Lessee promptly of such claim, provided that any failure to provide such notice will not relieve Lessee of any indemnification obligation pursuant to Section 5.7 except to the extent that
such failure effectively precludes Lessee from exercising its contest rights hereunder (it being understood that nothing in this Section 5.9 shall preclude Lessee from making a claim for damages if Lessee suffers any damage as a result of any
failure of such Tax Indemnitee to provide such notice promptly). No Tax Indemnitee shall, without Lessee’s prior written consent, take any action with respect to such a claim for a period of thirty days after Lessee’s receipt of such
notice. If requested by Lessee in writing promptly after receipt of such notice, such Tax Indemnitee shall (upon receipt of a written acknowledgment by Lessee that the Tax to be contested is a Tax for which Lessee would be required to indemnify such
Tax Indemnitee under Section 5.7 or Part IV of Schedule B of the Lease except to the extent that the final determination of the contest demonstrates that such Tax is a Tax described in Section 5.7(c)), at the expense of Lessee (including all
reasonable costs, expenses, legal and accountants’ fees and disbursements, and penalties, interest and additions to Tax incurred in and reasonably allocable to contesting such claim) in good faith contest or, in the case of a Lessee-Controlled